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Assembly Bill A1745

2013-2014 Legislative Session

Relates to the submission of evidence at fair hearings

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Archive: Last Bill Status - In Assembly Committee

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2013-A1745 (ACTIVE) - Details

See Senate Version of this Bill:
S98
Current Committee:
Assembly Social Services
Law Section:
Social Services Law
Laws Affected:
Amd ยง22, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2011-2012: A8087, S4828
2015-2016: A1173, S85
2017-2018: A4821, S2130
2019-2020: A5004, S599

2013-A1745 (ACTIVE) - Summary

Relates to the submission of evidence at fair hearings.

2013-A1745 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1745

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. TITUS -- read once and referred to the Committee
  on Social Services

AN ACT to amend the social services law, in relation  to  submission  of
  evidence at fair hearings

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 22 of the social services law is amended by  adding
a new subdivision 15 to read as follows:
  15.  THE  DEPARTMENT  SHALL PERMIT SOCIAL SERVICES DISTRICTS TO SUBMIT
THEIR EVIDENTIARY PACKAGES FOR ANY FAIR HEARING TO THE DEPARTMENT SOLELY
IN AN ELECTRONIC FORMAT AND SHALL PROVIDE THE MEANS  TO  FACILITATE  THE
SOCIAL  SERVICES  DISTRICTS'  USE  OF  ANY SUCH EVIDENTIARY PACKAGES FOR
THEIR EVIDENTIARY PRESENTATIONS AT THE FAIR HEARING.  NOTHING  CONTAINED
IN  THIS  SECTION SHALL REQUIRE A SOCIAL SERVICES DISTRICT TO SUBMIT ITS
EVIDENTIARY PACKAGE IN AN ELECTRONIC FORMAT, NOR SHALL A SOCIAL SERVICES
DISTRICT, OR ANY OTHER PARTY TO A FAIR HEARING, BE PRECLUDED FROM OFFER-
ING INTO EVIDENCE DOCUMENTATION IN PAPER FORMAT, REGARDLESS OF THE MEDI-
UM USED TO CREATE, TRANSMIT, AND DISPLAY THE EVIDENTIARY PACKAGE AT  THE
FAIR  HEARING. IN CASES WHERE A PERSON ENTITLED TO AN APPEAL PURSUANT TO
THIS SECTION REQUESTS A PAPER COPY OF  THE  EVIDENTIARY  PACKAGE  EITHER
BEFORE THE HEARING OR AT THE HEARING, THE SOCIAL SERVICES DISTRICT SHALL
PROVIDE SUCH PAPER COPY EVEN IF SUCH DISTRICT WILL UTILIZE AN ELECTRONIC
FORMAT  AT  THE  FAIR  HEARING.  REQUESTS MADE PRIOR TO THE FAIR HEARING
SHALL BE PROCESSED IN ACCORDANCE WITH THE REGULATIONS OF THE DEPARTMENT.
WHEN NOTIFYING A PERSON ENTITLED TO AN APPEAL TO THE DEPARTMENT  OF  THE
SCHEDULING  OF  A FAIR HEARING, THE DEPARTMENT SHALL STATE THAT ANY SUCH
PERSON MAY REQUEST ORALLY OR IN WRITING A PAPER COPY OF THE  EVIDENTIARY
PACKAGE  TO  BE  PRESENTED  BY  THE SOCIAL SERVICES DISTRICT AT THE FAIR
HEARING.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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